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® Additional Information on the Firm’s Medical Negligence Defense Team
® ABOTA -American Board of Trial Advocates
® Super Lawyers
® Primerus
® Martindale Lawyer Ratings
® Law Affecting Medical Negligence Lawsuits
®Additional Links
® Directions to Seattle Office
® Directions to Tacoma Office

Additional Information on the Firm’s Medical Negligence Defense Team  
The medical negligence lawyers at Johnson, Graffe, Keay Moniz & Wick are well versed in medical negligence defense. Our attorneys in Seattle and Tacoma have built a strong reputation for providing value-based representation, securing unbiased expert witness testimony and obtaining favorable results in State, Federal and Appellate courts. 
 
Medical negligence occurs and a medical negligence defense lawyer is required when a health care provider does not meet a standard of practice of acceptable care and treatment, resulting in injury or loss suffered by an individual beyond their initial condition. Included in this definition are situations such as failure to diagnose, incorrect diagnosis, failure to secure patient consent and administering inadequate treatment. Laws pertaining to medical negligence are often complicated, but the medical negligence lawyers at Johnson, Graffe, Keay Moniz & Wick are experienced in all facets of this area of the law and in defending health care providers and institutions.    
 
We believe that the great majority of our American health care professionals provide a superior level of treatment to their patients – each day working tirelessly and fighting incessantly for the better health of every person that walks through their doors. However, in these litigious times, it is often health care providers that are first in the line of blame. Quality, available healthcare is a concern for everyone, but often the expectation of patients is unrealistic – and lawyers are there to pursue their complaints. This is why our attorneys at Johnson, Graffe, Keay Moniz & Wick are available to consult, represent and defend health care professionals accused of medical negligence.
 
The attorneys at Johnson, Graffe, Keay Moniz & Wick have experience defending and securing favorable results for a wide variety of health care providers, including Physicians, Physician’s Assistants, Nurses, Nurse Practitioners and Midwives, Dentists, Mental Health Professionals and institutions.  Our medical negligence lawyers have obtained numerous defense verdicts and summary dismissals in a variety of cases.  Here are a few examples of defense verdicts in favor of the following health care providers:  
 
      - Thurston County: Brain damage claim; alleged failure to inform 
 
      - King County:  Obstetrician; nurses; ARNP and Gerontologist; Cardiologist; Psychiatrist  
 
      - Pierce County: Emergency Room Physician; Social Worker; Hospital
   
      - Kitsap County: Hospital; ER Physician
 
For more information, please contact us at: 
 
Johnson, Graffe, Keay Moniz & Wick, LLP 
Attn: D. Jeffrey Burnham 
925 4^th Ave., Suite 2300 
Seattle, WA 98104-1158 
(206) 223-4770 
fax: (206) 386-7344 
Email: djburnham@jgkmw.com 
 
Johnson, Graffe, Keay Moniz & Wick, LLP 
Attn: A. Clarke Johnson 
2115 N. 30^th St., Suite 101 
Tacoma, WA 98403 -3318 
(253) 572-5323 
fax: (253) 572-5413 
Email: clarkej@jgkmw.com

ABOTA- American Board of Trial Advocates  



The year was 1957. The jury system was under fierce attack by the press, legislators, judges and scholars. California's Governor, Edmund "Pat" Brown, even suggested a commission to hear workers' compensation, liability and other civil cases. It was this dark cloud - the potential death sentence for the civil jury system that provided the seeds for the birth of the American Board of Trial Advocates. A handful of young lawyers began an organization (ABOTA) that was "revolutionary", according to most of their elders. The same forces are at work today as they were in the late 50's - those people want to dismantle the civil jury system-and the attacks are far less subtle. The preservation of the civil jury trial, "Justice by the People," is the primary purpose of the American Board of Trial Advocates (ABOTA). We seek attorneys who display skill, civility and integrity, to help younger attorneys achieve a higher level of trial advocacy and to educate the public about the vital importance of the Seventh Amendment. Thomas Jefferson was of the opinion that the right to trial by a jury of fellow citizens was a more important safeguard of personal liberty than the right to vote. With a jury, the rights and duties of each of us will be decided by our fellow citizens, not by some bureaucrat or governmental functionary. ABOTA agrees with Jefferson and is a leader in the fight to preserve and protect your right to a jury trial. ABOTA is dedicated to “Justice by the People.”

For more information: http://www.abota.org/

Super Lawyers  



Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.

Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.

For more information: http://www.superlawyer.com

Primerus  



Primerus is an international network of top-rated, independent, law firms that have earned the right to display the Primerus seal of quality. Candidates for membership must have the maximum AV rating from Martindale-Hubbell, the peer review rating source that lawyers use to find other lawyers. Further, a law firm must submit to a rigorous evaluation which includes candid assessments from judges, fellow attorneys, current and former clients, bar associations, and malpractice insurance carriers. Firms must also attest to their commitment to the exacting standards of the Six Pillars of Primerus Quality: Integrity, Excellent Work Product, Reasonable Fees, Continuing Legal Education, Civility, and Community Service. And it doesn't end there. Primerus firms are audited annually to ensure that they continue to be the "best of the best," year after year.

"A good way to pick the good (lawyers) from the bad, a sort of Good Housekeeping seal of approval."
--The Wall Street Journal

Primerus law firms are located in over 30 states as well as Ontario, Canada and offer expertise in hundreds of practice areas. When you need business or personal counsel for a particular legal concern or in an unfamiliar location, the Primerus alliance of independent, top law firms gives you access to experienced lawyers you can trust with the knowledge you need.

Individually, Primerus law firms are not large; but together, Primerus firms can be looked upon as one of the nation's largest law firms with scores of specialties, and offices continent-wide. For corporate clients, this nationwide scope simplifies the process of finding great lawyers in multiple jurisdictions. Because of their knowledge of the personal and professional qualifications of fellow members, Primerus attorneys are able to refer clients to other Primerus attorneys with confidence. No referral fees are involved; referrals are simply an added benefit of doing business with a Primerus law firm.

Working with independent small or medium-size firms offers distinct advantages. These include the ongoing access to senior partners offering depth of knowledge and years of experience, as well as commitment to excellence, reasonable fees, and responsive service.

For more information: http://www.primerus.com

Martindale Lawyer Ratings  



A unique service to the Bar
For over a century, lawyers have relied on the Martindale-Hubbell® Law Directory for authoritative information on the worldwide legal profession. The Martindale-Hubbell® Peer Review Ratings™ play an integral role in this service to the legal community.

Buyers of legal services, as well as those making referrals, consider Martindale-Hubbell Peer Review Ratings invaluable when evaluating a lawyer. Whether choosing between two equally qualified candidates or looking for counsel in another jurisdiction, lawyers and consumers need to have confidence in the individual under consideration. Using ratings, they can select counsel with superior ethics, as well as the desired level of professional experience.

Martindale-Hubbell Peer Review Ratings attest to a lawyer's legal ability and professional ethics, and reflect the confidential opinions of members of the Bar and Judiciary. They appear in all formats of the Martindale-Hubbell Law Directory, in the online listings on martindale.com, on the LexisNexis® services, on CD-ROM, and in print.

An objective way to assess a lawyer
A Martindale-Hubbell rating guides buyers of legal services and those referring business in making faster, smarter decisions. A rating's third party validation of ethics and legal ability provides that extra level of confidence that the right lawyer or firm has been selected. By combining a rating with a review of other data in a lawyer's Professional Biography - such as practice areas, bar memberships, professional affiliations, education and clients - a person can be certain he or she has made the right choice for that particular legal matter.

A cooperative effort with the legal profession
Martindale-Hubbell Peer Review Ratings are established by lawyers. The legal community respects the accuracy of ratings because it knows that its own members — the people best suited to assess their peers — are directly involved in the process.

For more information: http://www.martindale.com/

Law Affecting Medical Negligence Lawsuits
On September 17, 2009, the Washington State Supreme Court issued its opinion in Kimme Putman v. Wenatchee Valley Medical Center, et al. , which renders RCW 7.70.150's pre-suit "certificate of merit" requirement unconstitutional. The Court stated grounds of separation of powers and open access to courts. Prior to the Court's decision, plaintiffs in medical malpractice actions were required to obtain, and file with the complaint, a "certicate of merit" from a medical expert in the same field as the defendant health care provider, stating that there was a reasonable probability that the defendant was negligent. Per RCW 7.70.100, medical malpractice plaintiffs are still required to provide a health care defendant with ninety-day written notice prior to filing a medical malpractice lawsuit. In addition, a plaintiff and/or his/her attorney may still be subject to sanctions for filing a frivolous medical malpractice lawsuit under RCW 7.70.160 and RCW 4.84.185, including sanctions to compensate the defense for attorneys fees and costs necessited by the frivolous action.

RCW 7.70.080 changes the traditional evidentiary “collateral source rule”  in medical malpractice actions. This allows a health care provider defendant to introduce evidence that the plaintiff has already been compensated for his/her injuries and damages from any source, including insurance, but excluding his/her assets. The traditional "collateral sourse rule" precludes a defendant from introducing evidence that a plaintiff has already been compensated for his/her injuries by another source (e.g., payments that come from insurance purchased by the plaintiff). In response, a plaintiff may present evidence of his/her obligation to repay such amounts (e.g., liens), and evidence of the amounts the plaintiff paid to secure the right to compensation (e.g., premiums). In rebuttal, however, the defense may then introduce evidence of the amount the plaintiff has actually repaid the collateral source, or that is actually required to be repaid to the collateral source by the plaintiff--as opposed to the often higher amounts that are billed to, and paid by the collateral source.

Additional Links:

Medline:  http://www.ncbi.nlm.nih.gov/sites/entrez
Washington State Department of Health:  http://www.doh.wa.gov/
New England Journal of Medicine:  http://content.nejm.org/
Revised Code of Washington (RCW): http://apps.leg.wa.gov/RCW/
Washington Administrative Code (WAC): http://apps.leg.wa.gov/wac/

Directions and Map

To Seattle Office of Johnson, Graffe -- Fourth & Madison Building, 925 4^th Avenue

From I-5 South, take Madison Street exit in Seattle; turn left onto Madison Street; down three blocks to 4^th and Madison; garage entrance s between 4^th and 3^rd Avenues, on Madison or around the corner on Marion Street.

From I-5 North, take James Street exit; turn right on James Street; turn right on 3^rd Avenue; turn right on Marion Street, and immediately left into the garage.


To Tacoma Office of Johnson, Graffe – Old Town, 2115 North 30^th Street

Following I-5 North or South, take the (Tacoma) City Center exit (Exit 133) off I-5.

Upon exiting I-5, follow the signs to City Center and I-705. Once you are on the short I-705 freeway, stay in the far right lane and take the Schuster Parkway exit off I-705.

Upon taking the Schuster Parkway exit, continue to follow the signs for Schuster Parkway. At the fork with Stadium Way, stay to the left following Schuster Parkway along the waterfront. Continue on Schuster Parkway for a mile or two until you come to the fork splitting Schuster to North 30th or Ruston Way. Follow the fork to the right leading to North 30th.

Once you have gone underneath the Ruston Way overpass, you will crest a small hill. Ahead is the intersection of North 30th with McCarver Street. Our office is located in the McCarver Square professional building on the right side about a half block down North 30th before the intersection. We are in the office building next door to the Spar Tavern.

You may park on either side of the street or proceed to the parking lots designated for McCarver Square patrons. To get to these lots, proceed a half block to the stoplight and turn right. You will see the lots on the left side of the street about halfway down the hill and before the railroad tracks.